Former AP/Calcutta HC CJ Decries 498A And DV Act

Here is a video, in Hindi, where the former CJI talks about the abuse of 498A. I have always maintained that 498A must be bailable and non-compoundable. It doesn’t matter whether is remains cognizable or not. He says the same thing.

He says once the matter gets into the hands of the corrupt Indian police the matter is now beyond the control of the husband and wife.

“Shri Prava Shankar Mishraji former Chief Justice of High Court of Calcutta & Andhra Pradesh attests that 98% cases of 498a and Domestic Violence Act are fake.He also makes a point that some provisions of DV Act are such that they are almost impossible to implement.E.g.,if the husband takes the name of his wife or speaks in a loud voice it can be considered as domestic violence. He also demands that 498a be made bailable and non-cognizable as it is used by unscrupulous women to harass and blackmail his in-laws.He says from his experience as a reputed cheif-justice that many times these cases are filed against the will of the wife by his guardians and also by the Lawyer who wants to earn some fees desperately.
The anchor also states that many men are suffering a lot of humiliation and injustice due to these biased laws.For example,in Tihar jail 60% female prisoners are guilty of false implicating men in fake dowry,violence and rape cases.
Also,towarsd the end of the video one can notice the results of a SMS poll which shows 64% Hindusthanis want 498a and DV act to be abolished. “

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Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March).
During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle.
From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

Disclaimer:

The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.